§ 96.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—44 Pa.C.S. Chapter 53 (relating to recidivism risk reduction incentive).
Board—The Pennsylvania Board of Probation and Parole.
Court—The trial judge exercising sentencing jurisdiction over an eligible offender under the act or the president judge or the president judge’s designee if the original trial judge is no longer serving as a judge of the sentencing court.
Defendant—An individual charged with a criminal offense.
Department—The Department of Corrections of the Commonwealth.
Eligible offender—A defendant or prisoner convicted of a criminal offense who will be committed to the custody of the Department and who meets the following eligibility requirements:(i) Does not demonstrate a history of present or past violent behavior.
(ii) Has not been subject to a sentence the calculation of which includes an enhancement for the use of a deadly weapon as defined under law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing, or the attorney for the Commonwealth has not demonstrated that the defendant has been found guilty of or was convicted of an offense involving a deadly weapon or offense under 18 Pa.C.S. Chapter 61 (relating to firearms and other dangerous articles) or the equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.
(iii) Has not been found guilty or previously convicted or adjudicated delinquent for or an attempt or conspiracy to commit a personal injury crime as defined under section 103 of the Crime Victims Act (18 P. S. § 11.103), or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.
(iv) Has not been found guilty or previously convicted or adjudicated delinquent for violating any of the following provisions or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation:
(A) 18 Pa.C.S. § 4302 (relating to incest).
(B) 18 Pa.C.S. § 5901 (relating to open lewdness).
(C) 18 Pa.C.S. § 6312 (relating to sexual abuse of children).
(D) 18 Pa.C.S. § 6318 (relating to unlawful contact with minor).
(E) 18 Pa.C.S. § 6320 (relating to sexual exploitation of children).
(F) 18 Pa.C.S. Chapter 76, Subchapter C (relating to Internet child pornography).
(G) Received a criminal sentence under 42 Pa.C.S. § 9712.1 (relating to sentences for certain drug offenses committed with firearms).
(H) Any offense listed under 42 Pa.C.S. § 9795.1 (relating to registration).
(v) Is not awaiting trial or sentencing for additional criminal charges, if a conviction or sentence on the additional charges would cause the defendant to become ineligible under this definition.
(vi) Has not been found guilty or previously convicted of violating section 13(a)(3)(14), or (37) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § 780-113(a)(14)(3) or (37)), when the sentence was imposed under 18 Pa.C.S. § 7508(a)(1)(iii), (2)(iii), (3)(iii), (4)(iii), (7)(iii) or (8)(iii) (relating to drug trafficking sentencing and penalties).
Program plan—An individualized plan recommended by the Department that contains approved treatment and other approved programs designed to reduce recidivism risk of a specific prisoner.
RRRI—Recidivism Risk Reduction Incentive.
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